Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015

Type
Government
Portfolio
Attorney-General
Originating house
House of Representatives
Status
Act
Parliament no
44

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Summary

Amends: the Criminal Code Act 1995 to: make recklessness the fault element for attempted serious drug offences and remove the intent to manufacture element from offences relating to the importation of border controlled precursors; clarify that proof of an intention to influence a particular foreign official is not required to establish the offence; clarify the scope and application of the war crime offence of outrages upon personal dignity in a non-international armed conflict; expand the definition of forced marriage to apply when a person is incapable of understanding the nature and effect of a marriage ceremony; insert the concept of ‘knowingly concerned’ in the commission of an offence as an additional form of secondary criminal liability; and introduce a mandatory sentence of five years imprisonment for firearm trafficking; the Crimes Act 1914 and Commonwealth Places (Application of Laws) Act 1970 to make amendments in relation to the sentencing, imprisonment and release of federal offenders; the Transfer of Prisoners Act 1983 to enable the interstate transfer of federal prisoners to occur at a location other than a prison for federal prisoners approved for transfer; the Crimes Act 1914 to: enable the Attorney-General’s Department to share information about federal offenders with relevant third party agencies; and clarify the operation of controlled operations provisions; the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to address enforceability issues and operational constraints identified by the Australian Transaction Reports and Analysis Centre; the Law Enforcement Integrity Commissioner Act 2006 to amend the powers and functions of the commissioner; and remove the time limits on the secondment of officers to the commission; the Australian Crime Commission Act 2002 to make technical amendments in relation to the special operations and investigations of the commission; the Proceeds of Crime Act 2002 to increase penalties for failing to comply with a production order or with a notice to a financial institution in proceeds of crime investigations; the Proceeds of Crime Act 2002, Australian Federal Police Act 1979, Crimes (Superannuation Benefits) Act 1989 and Mutual Assistance in Criminal Matters Act 1987 to make technical amendments in relation to proceeds of crime; ten Acts to enable the Independent Commissioner Against Corruption of South Australia to access information from certain Commonwealth agencies, rely on defences for certain Commonwealth telecommunications offences, and apply for certain types of search warrants; and the Classification (Publications, Films and Computer Games) Act 1995 to make technical amendments.

Progress

House of Representatives
Introduced and read a first time 19 Mar 2015
Second reading moved 19 Mar 2015
Second reading debate 11 Aug 2015
Second reading debate 12 Aug 2015
Second reading agreed to 12 Aug 2015
Consideration in detail debate 12 Aug 2015
Third reading agreed to 12 Aug 2015
Senate
Introduced and read a first time 12 Aug 2015
Second reading moved 12 Aug 2015
Second reading debate 17 Aug 2015
Second reading debate 18 Aug 2015
Second reading debate 19 Aug 2015
Second reading agreed to 19 Aug 2015
Committee of the Whole debate
  • Amendment details: 2 Australian Greens agreed to
19 Aug 2015
Third reading agreed to 19 Aug 2015
House of Representatives
Message from Senate reported 20 Aug 2015
Consideration of Senate message
  • Details: House agreed to Senate amendments
10 Nov 2015
Finally passed both Houses 10 Nov 2015
Assent
  • Act no: 153
  • Year: 2015
26 Nov 2015

Documents and transcripts

Text of bill

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Explanatory memoranda

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Proposed amendments

House of representatives

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Senate

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Schedules of amendments

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Bills digest

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Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.